HomeMy WebLinkAboutReg 2008-05-19 Item 6C - Ordinance - Street Vacations for Sound Transit Link Light Rail Co UNCIL AGENDA SYNOPSIS
Z Initials ITEM No.
Q 9 40 !Meeting Date Prepared _I Mayor's review I Council review
Wd et, 05/12/08
�t''' 1 05/19/08 1 BdheN I4 .7r
ITEM INFORMATION
CAS NUMBER: 08-055 I ORIGLNAL AGENDA DA FE: MAY 12, 2008
AGENDA ITEM TITLE Sound Transit Street Vacation Ordinances with time extensions
CATEGORY Discussion El Motion Resolution 17 Ordinance Bid Award 1 1 Public Heating Other
Mtg Date 05/12/08 %bitg Date 05/19/08 lltg Date Mtg Date Mtg Date NYltg Date t tltg Date:
SPONSOR Council Mayor Adm Svcs n DCD Finance Fire Legal P&R 1 1 Police PIV
SPONSOR'S These two ordinances will extend the expiration date for the Sound Transit street vacations
SUMMARY located at 35 Ave S (the Tukwila Int'I Blvd station) and 48 Ave S (SR599) to October 31,
2008. The only other street vacation where conditions have been met, 49 Ave S, will be
recorded at King County. The conditions on the remaining four street vacations can not be
satisfied and are therefore null and void as they expired on April 30, 2008.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E: 04/29/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinances.
COMMIITEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
05/12/08 Forward to Regular Meeting
05/19/08
MTG. DATE ATTACHMENTS
05/12/08 Information Memo dated May 7, 2008 (updated after TC meeting)
Sound Transit Letter dated April 21, 2008
Ordinances with location maps
Transportation Committee Meeting Minutes from April 29, 2008
05/19/08 Ordinances in final form
i
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City of Tukwii:a
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY
FROM SOUTHCENTER BOULEVARD (SOUTH 154Th STREET) FOR
APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC
BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including public notification; public hearing, review and comment; and
submittal of relevant information to City Council, all of which have been done; and
WHEREAS, Sound Transit Link Light Rail proposes that a station be constructed at
this location; and
WHEREAS, 35th Avenue South has been a right -of -way for more than 25 years;
and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $446,088.00; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005,
for the purpose of considering the vacation of certain property located in the City of
Tukwila, as described in the ordinance title; and
WHEREAS, following
found that
conclusion of the public hearing, the City Council o
P h'
the property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087,
I I' authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2007; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and
g
re uested additional time for satisfying the conditions for this street vacation; and
WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2008; and
C: \Documents and Setting \All Users Desktop Kelly MSDATA Ordinances Z 35th Avenue South St Vacdoc
GLksn 5/13/2008 Page 1 of 2
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WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008, and
has requested additional time for satisfying the conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running
southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35
feet, including the partial cul -de -sac bulb.
B. This vacation is conditioned upon satisfaction, by October 31, 2008, of the
following:
1. Provision of compensation for $446,088.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
ATTEST/AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
F.ffective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit A, Street Vacation 35th Avenue South, 3.40.62
C: \Documents and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \Z 35th Avenue South St Vac.doc
GLksn 5/13/2008 Page 2 of 2
Exhibit A
Street Vacation
35' Avenue South
3.40.62
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City of Tukwiia
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY
LOCATED WITHIN THE CITY, DEDICATED FOR STREET
PURPOSES, GENERALLY DESCRIBED AS 48TH AVENUE SOUTH,
RUNNING NORTHEASTERLY FROM S. 134TH PLACE TO THE
INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; AMENDING THE
OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILII Y; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including public notification; public hearing, review and comment; and
submittal of relevant information to City Council, all of which have been done; and
WHEREAS, 48th Avenue South as described in the ordinance title is needed for
access to Sound Transit's Light Rail guideway; and
WHEREAS, 48th Avenue South has been a right -of -way for more than 25 years;
and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $8.12 /square foot of
right -of -way; and
WHEREAS, utilities exist in the right of way being vacated; and
WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005,
for the purpose of considering the vacation of certain property located in the City of
Tukwila, as described in the ordinance title; and
WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue
South as a turn- around; and
WHEREAS, following conclusion of the public hearing, the City Council found that
the property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2088,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2007; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and
requested additional time for satisfying the conditions for this street vacation; and
WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2159,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2008; and
C: \Documents and Setting All Users Desktop Kelly \MSDATA Ordinances \Z 48th Avenue South St Vac.doc
GL-ksn 5/13/2008 Page 1 of 2
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008 and
has requested additional time for satisfying the conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 6,600 square feet of 48th Avenue South, running northeasterly
from South 134th Place to the Interstate 5 on -ramp at State Route 599.
B. As Sound Transit owns all lots that will be land locked, Council waives a
provision for access easement(s).
C. This vacation is conditioned upon satisfaction, by October 31, 2008, of the
following:
1. Provision of compensation for $53,592.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
ATTEST/AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment Exhibit A, Street Vacation 48th Avenue South, 3.40.63
C: \Documents and Setting \All Users Desktop Kelly \MSDATA Ordinances \Z 48th Avenue South St Vac.doc
GLksn 5/13/2008 Page 2 of 2
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